NY State Senate Bill 2021-S8121

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2022	referred to codes

2021-S8121 (ACTIVE) - Details

See Assembly Version of this Bill:: A2662
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1676
2011-2012: A2288
2013-2014: A2941
2015-2016: A3949
2017-2018: S6555, A4879
2019-2020: S1137, A4615
2023-2024: S5093, A3978
2025-2026: S1350, A3475

2021-S8121 (ACTIVE) - Summary

Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.

2021-S8121 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8121

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the executive law, in relation to ethnic or racial
profiling

 
PURPOSE OR GENERAL IDEA OF BILL:

The proposed legislation prohibits law enforcement officers from using
racial and ethnic profiling establishes a collection of data on stops
and creates a course of action based on racial or ethic profiling.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would amend the executive law by creating a new section 837-t;
Subdivision one would contain definitions.

Subdivision two would prohibit law enforcement agencies and law enforce-
ment officers from engaging in racial or ethnic profiling.

Subdivision three would require every law enforcement agency to promul-
gate and adopt an anti-racial profiling policy as well as procedures for
reviewing complaints of racial or ethnic profiling. A copy of each
complaint and a written summary of the disposition would be required to
be forwarded to the division of criminal justice services.

Subdivision four would require each law enforcement agency to collect
and maintain data with respect to their civilian interactions while
conducting routine and spontaneous investigatory activities.

Subdivision five would require every law enforcement agency to compile
the data collected and forward an annual report to the division of crim-
inal justice services by March 1st of each year.

Subdivision six would require the division of criminal justice services
in consultation with the Attorney General to promulgate necessary forms
for the police agencies to use in their data collection.

Subdivision seven would require every law enforcement agency to make
documents required by this bill available to the Attorney General upon
notice and demand.

Subdivision eight would require every law enforcement agency to provide
all the collected data required by this proposal be made available to
the division of criminal justice services. The division would then
implement a computerized data system for public viewing of such data and
would publish an annual report on law enforcement stops without reveal-
ing the identity of any individuals.

Subdivisions nine and ten would provide a right of action for injunctive
relief and/or for damages to be brought by a private citizen who has
been the victim of racial profiling or by the Attorney General on behalf
of the people against a law enforcement agency that has engaged in
racial or ethnic profiling.



Subdivision eleven would establish that this section does not diminish
or abrogate any other right, remedy or cause of action which an individ-
ual who has been the subject of racial profiling may have.

Section 2 - contains the effective date.

 
JUSTIFICATION:

The unconstitutional use of race or ethnicity as criteria has become the
focus of many civil and human rights groups. The practice is commonly
known as "racial profiling." Blacks, Hispanics, Muslims, and other
minority groups have long been victims of biased and unjustified stops
by law enforcement officers. This consequently has had a corrosive
effect on the relations between police and the minority communities and
is of no benefit in reducing crime. In the first three quarters of 2016
(January - September), New Yorkers were stopped by the police 10,171
times. The demographics of those stopped were as follows: 54 percent
were black (5,401), 29 percent were Latino (2,944), and 10 percent were
white (1,042). Ultimately 76 percent of these stops (7,758) did not
result in an arrest and the individual was innocent. These statistics
show the racial bias inherent in police stops and this practice's ulti-
mate ineffectiveness.

The issue of racial profiling has gained national attention as courts
have recently found law enforcement agencies to be engaging in unconsti-
tutional practices. The Center for Constitutional Rights filed the
federal class action lawsuit Floyd, et al. v. City of New York, et al.
against the City of New York to challenge the New York Police Depart-
ment's practices of racial profiling and unconstitutional stop and
frisks of New York City residents. The named plaintiffs in the case
David Floyd, David Ourlicht, Lalit Clarkson, and Deon Dennis - represent
the thousands of primarily Black and Latino New Yorkers who have been
stopped without any cause on the way to work or home from school, in
front of their house, or just walking down the street. In a historic
ruling on August 12, 2013, following a nine-week trial, a federal judge
found the New York City Police Department liable for a pattern and prac-
tice of racial profiling and unconstitutional stops. Under a new admin-
istration, the City agreed to drop its appeal and begin the joint reme-
dial process ordered by the court.

The Floyd case stems from the landmark racial profiling case, Daniels,
at al. v. City of New York, et al., which led to the disbanding of the
infamous Street Crime Unit and a settlement with the City in 2003. The
Daniels settlement agreement required the NYPD to maintain a written
racial profiling policy that complies with the United States and New
York State constitutions and to provide stop-and-frisk data to CCR on a
quarterly basis from 2003 through 2007.  Despite these significant
cases, racial profiling is still a practice that is rampantly engaged in
by law enforcement agencies across the state. In light of such circum-
stances, it has become paramount for New York to address the issue of
racial profiling before it further continues to undermine the collabora-
tive relationship between communities of color and New York law enforce-
ment officers. This legislation aims to resolve the problem by prohibit-
ing police officers from using racial and ethnic profiling, b
establishing policies and procedures to collect data on racial and
ethnic profiling and by establishing a statewide public data base
containing the collected data which will promote law enforcement integ-

rity as well as to promote community support, particularly minority
communities, for law enforcement officers.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A4615-A; Passed assembly
2017-18: A4879; Referred to Rules
2015-2016: A 3949 Passed Assembly
2013-2014: A.2941 Passed Assembly
2011-2012; A.2288 Passed Assembly
2010: A.1676A Passed Assembly
2009 A.1676 Passed Assembly
2007 A.627 Passed Assembly
2005-06 A.2456A Passed Assembly
2003-04 A.11542 Passed Assembly

 
FISCAL IMPLICATIONS:

Related to the promulgation of regulations, the collection of data, the
publishing of an annual report and the establishment of the public data
base.

 
EFFECTIVE DATE:
This act shall take effect immediately, with subdivision 4 taking effect
in 90 days and subdivision 6 taking effect in 60.

2021-S8121 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8121
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law,  in  relation  to  ethnic  or  racial
   profiling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-x
 to read as follows:
   §  837-X.  ETHNIC  AND  RACIAL  PROFILING. 1. FOR THE PURPOSES OF THIS
 SECTION:
   (A) "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE  STATE
 OR  A  UNIT OF LOCAL GOVERNMENT ENGAGED IN THE PREVENTION, DETECTION, OR
 INVESTIGATION OF VIOLATIONS OF CRIMINAL LAW.
   (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER,
 AS DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION  1.20
 OF THE CRIMINAL PROCEDURE LAW, EMPLOYED BY A LAW ENFORCEMENT AGENCY.
   (C)  "RACIAL OR ETHNIC PROFILING" MEANS THE PRACTICE OF A LAW ENFORCE-
 MENT AGENT OR AGENCY, RELYING, TO ANY DEGREE,  ON  ACTUAL  OR  PERCEIVED
 RACE,  COLOR,  ETHNICITY, NATIONAL ORIGIN OR RELIGION IN SELECTING WHICH
 INDIVIDUAL OR LOCATION TO SUBJECT TO ROUTINE OR SPONTANEOUS INVESTIGATO-
 RY ACTIVITIES OR IN  DECIDING  UPON  THE  SCOPE  AND  SUBSTANCE  OF  LAW
 ENFORCEMENT  ACTIVITY  FOLLOWING  THE  INITIAL  INVESTIGATORY PROCEDURE,
 EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT TO  THE  LOCALITY
 AND  TIMEFRAME,  THAT LINKS A SPECIFIC PERSON OR LOCATION WITH A PARTIC-
 ULAR CHARACTERISTIC DESCRIBED IN THIS PARAGRAPH TO AN IDENTIFIED  CRIMI-
 NAL INCIDENT OR SCHEME.
   (D)  "ROUTINE  OR  SPONTANEOUS  INVESTIGATORY  ACTIVITIES"  MEANS  THE
 FOLLOWING ACTIVITIES BY A LAW ENFORCEMENT AGENT:
   (I) INTERVIEWS;
   (II) TRAFFIC STOPS;
   (III) PEDESTRIAN STOPS;
   (IV) FRISKS AND OTHER TYPES OF BODY SEARCHES;
   (V) CONSENSUAL OR  NONCONSENSUAL  SEARCHES  OF  PERSONS,  PROPERTY  OR
 POSSESSIONS (INCLUDING VEHICLES) OF INDIVIDUALS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04957-03-2
 S. 8121                             2
 
   (VI) DATA COLLECTION AND ANALYSIS, ASSESSMENTS AND INVESTIGATIONS; AND
   (VII) INSPECTIONS AND INTERVIEWS.
   2.  EVERY  LAW  ENFORCEMENT  AGENCY  AND EVERY LAW ENFORCEMENT OFFICER
 SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING.
   3. EVERY LAW ENFORCEMENT AGENCY SHALL PROMULGATE AND ADOPT  A  WRITTEN
 POLICY  WHICH  PROHIBITS  RACIAL  OR ETHNIC PROFILING. IN ADDITION, EACH
 SUCH AGENCY SHALL PROMULGATE AND ADOPT PROCEDURES FOR THE REVIEW AND THE
 TAKING OF CORRECTIVE ACTION WITH RESPECT TO  COMPLAINTS  BY  INDIVIDUALS
 WHO  ALLEGE  THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFIL-
 ING. A COPY OF EACH SUCH COMPLAINT RECEIVED PURSUANT TO THIS SECTION AND
 WRITTEN NOTIFICATION OF THE REVIEW AND  DISPOSITION  OF  SUCH  COMPLAINT
 SHALL BE PROMPTLY PROVIDED BY SUCH AGENCY TO THE DIVISION.
   4.    EACH LAW ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED
 BY THE DIVISION,  RECORD  AND  RETAIN  THE  FOLLOWING  INFORMATION  WITH
 RESPECT TO LAW ENFORCEMENT OFFICERS EMPLOYED BY SUCH AGENCY:
   (A)  THE NUMBER OF PERSONS STOPPED AS A RESULT OF A MOTOR VEHICLE STOP
 FOR TRAFFIC VIOLATIONS AND THE NUMBER OF PERSONS STOPPED AS A RESULT  OF
 A  ROUTINE  OR  SPONTANEOUS  LAW ENFORCEMENT ACTIVITY AS DEFINED IN THIS
 SECTION;
   (B) THE CHARACTERISTICS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN  OR
 RELIGION  OF EACH SUCH PERSON, PROVIDED THE IDENTIFICATION OF SUCH CHAR-
 ACTERISTICS SHALL BE BASED ON THE  OBSERVATION  AND  PERCEPTION  OF  THE
 OFFICER RESPONSIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT
 BE REQUIRED TO BE PROVIDED BY THE PERSON STOPPED;
   (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
 MOTOR VEHICLE;
   (D)  THE  NATURE OF THE ALLEGED VIOLATION THAT RESULTED IN THE STOP OR
 THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING STOPPED;
   (E) WHETHER A PAT DOWN OR FRISK WAS CONDUCTED AND, IF SO,  THE  RESULT
 OF THE PAT DOWN OR FRISK;
   (F)  WHETHER  A  SEARCH  WAS  CONDUCTED  AND, IF SO, THE RESULT OF THE
 SEARCH;
   (G) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A  PERSON,  A
 PERSON'S PROPERTY, AND/OR A PERSON'S VEHICLE, AND WHETHER THE SEARCH WAS
 CONDUCTED  PURSUANT  TO CONSENT AND IF NOT, THE BASIS FOR CONDUCTING THE
 SEARCH INCLUDING  ANY  ALLEGED  CRIMINAL  BEHAVIOR  THAT  JUSTIFIED  THE
 SEARCH;
   (H) WHETHER AN INVENTORY SEARCH OF SUCH PERSON'S IMPOUNDED VEHICLE WAS
 CONDUCTED;
   (I) WHETHER A WARNING OR CITATION WAS ISSUED;
   (J) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE OR CHARGES;
   (K) THE APPROXIMATE DURATION OF THE STOP; AND
   (L) THE TIME AND LOCATION OF THE STOP.
   5.  EVERY  LAW  ENFORCEMENT  AGENCY  SHALL COMPILE THE INFORMATION SET
 FORTH IN SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR  INTO  A
 REPORT TO THE DIVISION. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
 THE  DIVISION.  THE  REPORT  SHALL BE SUBMITTED TO THE DIVISION NO LATER
 THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
   6.  THE DIVISION, IN CONSULTATION WITH  THE  ATTORNEY  GENERAL,  SHALL
 DEVELOP AND PROMULGATE:
   (A)  A  FORM  IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY LAW
 ENFORCEMENT OFFICERS TO RECORD THE  INFORMATION  LISTED  IN  SUBDIVISION
 FOUR OF THIS SECTION; AND
   (B)  A  FORM  TO  BE USED TO REPORT COMPLAINTS PURSUANT TO SUBDIVISION
 THREE OF  THIS  SECTION  BY  INDIVIDUALS  WHO  BELIEVE  THEY  HAVE  BEEN
 SUBJECTED TO RACIAL OR ETHNIC PROFILING.
 S. 8121                             3
 
   7.  EVERY  LAW ENFORCEMENT AGENCY SHALL PROMPTLY MAKE AVAILABLE TO THE
 ATTORNEY GENERAL, UPON DEMAND AND NOTICE, THE DOCUMENTS REQUIRED  TO  BE
 PRODUCED  AND  PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR AND FIVE
 OF THIS SECTION.
   8.  EVERY  LAW  ENFORCEMENT  AGENCY SHALL FURNISH ALL DATA/INFORMATION
 COLLECTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION TO THE  DIVISION.
 THE  DIVISION SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED DATA
 SYSTEM FOR PUBLIC VIEWING OF SUCH  DATA  AND  SHALL  PUBLISH  AN  ANNUAL
 REPORT  ON  DATA  COLLECTED  FOR  THE GOVERNOR, THE LEGISLATURE, AND THE
 PUBLIC ON LAW ENFORCEMENT STOPS. INFORMATION RELEASED SHALL  NOT  REVEAL
 THE IDENTITY OF ANY INDIVIDUAL.
   9.  THE  ATTORNEY  GENERAL MAY BRING AN ACTION ON BEHALF OF THE PEOPLE
 FOR INJUNCTIVE RELIEF AND/OR DAMAGES AGAINST A  LAW  ENFORCEMENT  AGENCY
 THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
 IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
 COSTS  AND REASONABLE ATTORNEY FEES TO THE ATTORNEY GENERAL WHO PREVAILS
 IN SUCH AN ACTION.
   10. IN ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT  TO  SUBDIVISION
 NINE  OF  THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACT
 OR ACTS OF RACIAL PROFILING MAY BRING AN ACTION  FOR  INJUNCTIVE  RELIEF
 AND/OR  DAMAGES  AGAINST  A LAW ENFORCEMENT AGENCY THAT IS ENGAGED IN OR
 HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING.  THE COURT MAY  AWARD
 COSTS  AND  REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
 AN ACTION.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
 GATING ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO  HAS
 BEEN  SUBJECT  TO  RACIAL  OR  ETHNIC PROFILING MAY HAVE PURSUANT TO ANY
 OTHER PROVISION OF LAW.
   § 2. This act shall take effect immediately; provided that:
   1. the provisions of subdivision 4 of section 837-x of  the  executive
 law as added by section one of this act shall take effect on the nineti-
 eth day after it shall have become a law; and
   2.  the  provisions of subdivision 6 of section 837-x of the executive
 law as added by section one of this act shall take effect on the  sixti-
 eth day after it shall have become a law.

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Senate Bill S8121

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S8121 (ACTIVE) - Details

2021-S8121 (ACTIVE) - Summary

2021-S8121 (ACTIVE) - Sponsor Memo

2021-S8121 (ACTIVE) - Bill Text download pdf

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Sponsored By

Cordell Cleare

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2021-S8121 (ACTIVE) - Details

2021-S8121 (ACTIVE) - Summary

2021-S8121 (ACTIVE) - Sponsor Memo

2021-S8121 (ACTIVE) - Bill Text download pdf

Comments